| Abstrakt: |
The article addresses the issues of legal regulation of administrative liability for offenses that undermine the established order of governance. The authors analyze the peculiarities of normative fixation of administrative offenses provided for in Chapter 15 of the Code of Ukraine on Administrative Offenses and point out the inconsistency of certain provisions of the Code with modern conditions, including wartime. According to the authors, this fosters a sense of impunity among offenders and a sense of helplessness among law enforcement officials in the face of the «letter of the law.» Analyzing the features of administrative offenses that affect established management procedures allows drawing conclusions about the multitude of special subjects for violations within the named group, as well as the diversity of manifestations of the subjective aspect. This is associated with the creation of new institutions (Bureau of Economic Security, State Special Communications Service and Information Protection of Ukraine, among others), as well as the expediency of legal protection of relationships that have emerged relatively recently (such as personal data protection). Despite the importance of applying measures of administrative liability for violations affecting established management procedures, there are numerous shortcomings in the legal regulation of such liability. Among these shortcomings, the following should be highlighted: disproportionality of sanctions to the severity of the offense committed, obsolescence of certain provisions, impossibility of holding accountable individuals who are not citizens of Ukraine; a significant number of offense elements, the qualification of which requires studying special regulatory acts, impossibility of holding minors accountable on general grounds; lack of administrative liability for violations of curfew and failure to observe blackout measures during a state of war, and so on. [ABSTRACT FROM AUTHOR] |
